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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 63
Experience:  Expert
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Rather a fringe question but an important one. Are you aware

Customer Question

HI. Rather a fringe question but an important one. Are you aware of anyone attending a Magistrates Court simply to tell them they don't recognise it as a court, before walking out? and in such a situation what powers does that specific court have if any to recall the defendant. Thanks
JA: Where are they? It matters because laws vary by location.
Customer: Bristol UK
JA: What steps have they taken so far?
Customer: They have been subject to a malicious prosecution by police. Preventing from giving their own evidence in court, shouted down and shouted over repeatedly by magistrates. Ultimately convicted of harassment (without violence) and awaiting sentencing this coming Monday. The defence was that the actions were taken for the purposes of preventing a crime (kidnap, unlawful imprisonment, domestic abuse). 7 prosecution witnesses admitted to the kidnap in court. This was ignored. 1 prosecution witness fabricated evidence on a large scale. Then admitted to doing so in court before saying "I did it because the police told me to" Also ignored
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes one more thing sorry. The prosecution relied on the fact that the police refused to investigate the crime reports of 4 victims/witnesses, claiming that because they did not do so then there was no crime. Our counter-argument to this being simply 'tell that to Jimmy Saville's victims". There is also demonstrable police corruption here including the coercion of a false statement from a victim. Again prevented from presenting this. My friend is currently representing themselves. They are currently of the mind that they simply cannot recognise a court which sets out to behave in this way, staffed by untrained and unqualified academics working in an entirely irrelevant field (the relevant field being domestic abuse, and there are hallmarks and direct accusations of historic child sexual abuse here, which the police have gone to great lengths to cover up by harassing and intimidating 3 witnesses and their families. Thanks so much for the assistance.
Submitted: 14 days ago.
Category: Law
Expert:  MARTINT330 replied 14 days ago.

Good evening I am happy to help with your enquiry today.

Expert:  MARTINT330 replied 14 days ago.

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court.

The maximum penalty for criminal contempt under the 1981 Act is committal to prison for two years.

Disorderly, contemptuous or insolent behavior toward the judge or magistrates while holding the court, tending to interrupt the due course of a trial or other judicial proceeding, may be prosecuted as "direct" contempt. The term "direct" means that the court itself cites the person in contempt by describing the behavior observed on the record. Direct contempt is distinctly different from indirect contempt, wherein another individual may file papers alleging contempt against a person who has willfully violated a lawful court order.

Expert:  MARTINT330 replied 14 days ago.

Above is a definition of contempt of court, the judge may choose to invoke such wording and charge for anyone attending a Magistrates Court that states they don't recognise it as a court, before walking out.

Expert:  MARTINT330 replied 14 days ago.

Thank you for your enquiry this evening.

Customer: replied 14 days ago.
Ok thank you Martin. Much appreciated. May I ask as a follow-up question, is there a case precedent wherein someone has actually been prosecuted specifically for doing so i.e. stating they don't recognise the court and walking out, and wherein the behaviour of the person throughout trial has been respectful, and that the reaction was just that; a reaction to a true belief as to having not having been given a fair trial?
Customer: replied 14 days ago.
Thank you
Expert:  MARTINT330 replied 13 days ago.

I could not comment on that specifically however previous case law can be researched on the following website: https://www.bailii.org

Customer: replied 13 days ago.
Splendid. Thank you Martin